HomeMy WebLinkAboutOrdinances - ORD-01-1042 - 04/04/2001 - GRANT ZONING CUP AND VARIANCE MCHENRY SAVINGS BANORDINANCE NO. ORD-01-1042
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5, A
CONDITIONAL USE PERMIT FOR A DRIVE-THRU BANK, AND A VARIANCE TO
THE REQUIRED NUMBER OF PARKING SPACES FOR MCHENRY SAVINGS
BANK, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by McHenry Savings Bank
requesting a Zoning Map Amendment to C-5, Highway Commercial, for a 6.28-acre
parcel located on the east side of Route 31, south of the entrance to Knox Park, and a
Conditional Use Permit for a drive-thru bank and a Variance to the required number of
parking spaces for a new banking facility on Lot 17 of the proposed Park View Plaza
Subdivision; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on January 15, 2001, in the manner prescribed by ordinance and statute,
and as a result of said hearing, the Zoning Board of Appeals did recommend to the City
Council the granting of the requested zoning changes; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals and finds that the approval of the requested zoning
changes is consistent with the objectives of the City of McHenry Zoning Ordinance to
protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the property commonly know as a 6.28-acre parcel located on
the east side of Route 31, south of the entrance to Knox Park, legally described and
depicted on Exhibit A, attached hereto and incorporated herein by reference, be granted
a Zoning Map Amendment to C-5, Highway Commercial.
SECTION 2: That the property commonly known as Lot 17 of the proposed Park
View Plaza Subdivision, and included in the property legally described and depicted on
Exhibit A, is hereby granted a Conditional Use Permit for a drive-thru banking facility
and a Variance to Table 13 of the Zoning Ordinance to allow the provision of only 129
parking spaces for a 50,000 square foot bank, versus the required 243 spaces.
SECTION 3: That the approval of the conditional use permit and variance as
provided in this ordinance is granted subject to the condition that the twenty-three (23)
landbanked parking spaces as depicted on Exhibit B, prepared by Kirk & Partners, Inc.,
dated 2/12/01, attached hereto and incorporated herein by reference, shall be installed
by the owner of said property within 90 days notice, weather permitting, following a
determination and notification by the CITY that there is inadequate parking on the site.
SECTION 4: In granting said Zoning Map Amendment, the City Council finds that
the requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and
zoning of property in the environs;
2. The requested zoning classification is supported by the trend of development
in the general area;
3. The requested zoning classification is consistent with the objectives of the
City of McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 5: In granting said conditional use permit, the City Council finds that
the requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in
the zoning district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of
light or air, or other adverse environmental effects of a type or degree not
characteristic of permitted uses in the zoning district, have been appropriately
controlled;
3. The proposed use will fit harmoniously with the existing natural or man-made
character of its surroundings, and with permitted uses in the zoning district.
The use will not have undue deleterious effect on the environmental quality,
property values, or neighborhood character already existing in the area or
normally associated with permitted uses in the district.
4. The proposed use will not require existing community facilities or services to a
degree disproportionate to that normally expected of permitted uses in the
district, nor generate disproportionate demand for new services or facilities, in
such a way as to place undue burdens upon existing development in the
area;
5. The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general
public in the vicinity; and
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 6: In granting said variance, the City Council finds that the
requirements of Table 32 of the Zoning Ordinance have been met in that:
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1. Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the
same zoning district. And these circumstances are not of so general or
recurrent a nature as to make it reasonably practical to provide a general
regulation to cover them.
2. The special circumstances referenced herein relate only to the physical
character of the land or building(s) for which the variance is sought, such as
dimension, topography, or soil conditions. They do not concern any business
or activity the present or prospective owner or tenant carries on, or seeks to
carry on, therein, not to the personal, business, or financial circumstances of
such owner or tenant or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not
resulted from any act of the applicant or of any other party with interest in the
property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a
mere inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and
does not confer a special privilege ordinarily denied to other properties in the
district.
6. The granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because
without the variance the applicant will be deprived of any reasonable use or
enjoyment of the property.
7. The granting of a Variance will not alter the essential character of the locality
nor substantially impair environmental quality, property values, or public
safety or welfare in the vicinity.
8. The granting of a Variance will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as
viewed in light of any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 7: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
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SECTION 8: This Ordinance shall be published in pamphlet form by and under
the authority of the corporate authorities of the City of McHenry, McHenry County,
Illinois.
SECTION 9: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED THIS 4TH DAY OF APRI L
2001
AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: NnN F
ABSTAINED: NONE
ABSENT: NONE
NONE
NOT VOTING:
APPROVED THIS 4TH
ATTEST:
CIT LERK
DAY OF APRI L
2001
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Exhibit A
Legal Description of the SUBJECT PROPERTY
THAT PART OF THE WEST HALF OF GOVERNMENT LOT 7 OF THE NORTHWEST QUARTER OF
SECTION 2, TOWNSHIP 44 NORTH, RANGE 6 EAST OF THE THIRD PRX.VCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHEAST CORNER OF SAID
WEST HALF OF GOVERNMENT LOT 1; THENCE NORTH O'DEGREES 56 MIN UTSS 00 SECONDS
EAST ALONG THE EAST LINE OF SAID NEST HALF OF GOVERNMENT LOT 1, 667.62 FEETTO
THE PLACE OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST
ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID WEST HALF OF GOVERNMENT
LOT 1, 442.74 FEET TO A POINT IN THE EAST RIGHT OF WAY LINE OF STATE ROUTE
31; THENCE NORTH 0 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID EAST RIGHT
OF WAY LINE 345.32 FEET TO A POINT OF D9VL9CTIONj THENCE NORTH 2 DEGREES 50
MINUTES 00 SECONDS EAST ALONG SAID EAST RIGHT OF WAY, 165.3 FEET; THENCE
NORTH 4 DEGREES 2 MINUTES 00 SECONDS WEST ALONG THE EAST RIGHT OF WAY, 101.07
FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 05 SECONDS EAST ALONG A LINE 16 FEET
SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 1, 456.88 FEET
TO THE EAST LINE OF THE WEST HALF OF SAID GOVERNMENT LOT 1; THENCE SOUTH 0
]DEGREES 56 MINUTES 00 SECONDS WEST ALONG SAID EAST LINE, 608.94 FEET TO THE
POINT OF BEGINNING, IN MCHENRY COUNTY TLLINOIS
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McHenry, IL